Principiului contradictorialităţii în procesul civil. Repere teoretice şi jurisprudenţiale (partea I)
The principle of adversarial proceedings in civil procedural law. Theoretical and jurisprudential benchmarks (Part I)

Summary/Abstract: Intended to configure the benchmarks of the judicial organization of the “duel” of the parties, the adversarial principle represents, at least from a theoretical perspective, an essential guarantee of a fair trial, which obliges the judge, as a third party completely neutral with respect to the interests that are the subject of the dispute, to listen, equally, both to the party that filed the claim with the court and to the party that defends itself against the claims made by the former. The adversarial principle also obliges the parties to make known to each other, in a timely manner, the factual and legal grounds on which they base their claims and defenses, as well as the means of evidence that they intend to use, so that each of them can organize its defense. According to the law, the principle of adversarial proceedings also establishes obligations on the court, which is obliged to submit to the parties for discussion all requests, exceptions and factual or legal circumstances invoked, both by the parties and ex officio, in order to pronounce a sound and legal decision, which will put an end to the conflict between the parties. In particular, the court is not allowed to base its decision only on factual and legal grounds, on explanations or on means of evidence that have been previously submitted to adversarial debate, a requirement that fully reveals the interdependent relationship of the principle of adversarial proceedings with the other fundamental principles that govern civil proceedings: the principle of the right to defense; the principle of equality of parties in civil proceedings; the principle of the judge's role in finding the truth; the principle of orality; the principle of publicity etc.

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